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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, as a family we took a short break at a holiday park in

Resolved Question:

Hi, as a family we took a short break at a holiday park in October, the facilities were absolutely vile. We had a meeting with the operations manager to discuss and show photos of what we found. We were offered a small refund and another short break including a free ferry crossing and a written letter stating this would be given to us on our departure. Our break was over and we had to return home without a settlement as the written offer was not ready. We were then offered substantially less by way of a goodwill gesture via a telephone conversation later the same day. I sought advice from Trading Standards and I have sent two letters to the holiday park as they instructed. I stated that I would accept a full refund plus a good will gesture for the distress and upset caused to our family, especially our children who actually wanted to sleep in our car rather than the cottage and go home the next day. However, today I have received an email, marked without prejudice, from the Operations manager and attached was a letter for me to sign and accept a refund of the price paid for our break, I am not disclose any details of the break or the proposal to any third parties or social media sites and by doing so we were waiving our right to legal representation. As the holiday cottages are still being marketed on their web site as luxurious I am loathed not to make future potential customers aware of the horrors of our experience. Please can you advise me. Many thanks. Sara Bradford
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How much did you pay and by what method?

Customer:

Hi Alex we paid £169 for the 4 night break from a Groupon offer received which was paid via our Visa credit card.

Alex Watts :

Ok.

Alex Watts :

Well you have a choice.

Alex Watts :

You can accept a refund and keep quiet, or take it to Court, risk losing but being able to talk about it

Alex Watts :

Its personal choice.

Alex Watts :

But I should also point out your card issuer is liable under Section 75 of the Consumer Credit Act.

Alex Watts :

So there is a risk

Customer:

So if I get a refund from the credit card company then I don't need to accept anything from the holiday park themselves and I would be free to leave a review say on Trip advisor?

Alex Watts :

Yes

Alex Watts :

Or if you pursue a small claim you sue both the company and credit card issuer

Customer:

What does that involve? It worries me that it could be costly and you say I might lose. Does that mean not get anything compensatory from the holiday park at all?

Alex Watts :

No, its a small claim, costs are very limited

Alex Watts :

If you win costs are added

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

But go through the CC company first, that is free

Alex Watts :

Then if no luck you can issue a claim against us both

Alex Watts :

* them *

Customer:

I'm not wanting a massive settlement just what is fitting for the 24 hours of hell our family went through. I asked for a small goodwill gesture on top of the price of the holiday refund but that was non negotiable and they said they would not consider any further goodwill gestures. Would I be likely to get anything more than the cost of the holiday back via the court?

Alex Watts :

Yes indeed.

Alex Watts :

You may get a nominal sum more back from Court

Alex Watts :

But no guarantee

Customer:

If I lose what would be the cost to myself?

Alex Watts :

Nothing

Alex Watts :

That is the whole point of a small claim

Customer:

Sorry, I've never had experience of this sort of issue before and anything to do with money scares me! What would I need to do to set the ball rolling in the direction of the small claims court?

Alex Watts :

www.moneyclaim.gov.uk

Alex Watts :

Issue a claim online

Customer:

Should I let the holiday company know that I'm not accepting their offer and of my intention to go to the small claims court?

Alex Watts :

Yes you can do that.

Customer:

If I should choose the option of trying for a refund from the credit card company and they give me my money back, would this also be something I would need to tell the holiday company as I am not then pursuing them for the refund?

Customer:

By going to the small claims court would I be just be involving the holiday company and not the credit card company?

Alex Watts :

The credit card company will take it off the holiday company, sop they will know!

Alex Watts :

If going to Court you need to sue both the card company and holiday company - more chance of winning

Customer:

ok many thanks for your help, I feel more reassured about the situation and will consider my options.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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